It is a crime in California to make a false 911 call. Depending on the facts of the case, a fake emergency report to 911 could be charged as a misdemeanor or a felony. Per Penal Code 148.3 PC, it is a crime to:
- report or cause a report to be made,
- to certain government agencies,
- that an “emergency” exists,
- knowing that the report is false.
An emergency report is any condition that results in, or could result in:
- response of an emergency vehicle, aircraft, or vessel (such as from the fire department, EMS, other dispatchers, etc.),
- the evacuation of any area, building, structure, or vehicle, OR
- activation of the Emergency Alert System.
A person who reports a false 911 emergency situation is guilty of a misdemeanor if they know the report is false. The punishment could be up to:
- one-year county jail,
- a $1,000 fine.
A false 911 emergency call is a felony if the person making the call to the emergency number:
- knows that the report is false,
- knows or should know that the emergency response is likely to cause death or great bodily injury, AND
- great bodily injury or death results due to the false report.
The punishment for a felony conviction under this law could be up to:
- three years county jail time,
- a $10,000 fine.
A person convicted of prank calling 911 is also liable for the reasonable costs of any emergency services response.
Please note that this section does not apply if a parent, guardian or custodian of a child makes a good faith report that a child is missing.
There are several possible defenses for someone accused of making a false 911 call:
- mistaken identity (it wasn’t me),
- good faith belief that the report was true
- free speech.
Swatting
Sometimes. Swatting is when someone tries to create an emergency police response against another person under false pretenses. Swatters often do this by calling 911 to falsely report a violent crime like a shooting or hostage situation. The prank callers intend to get a Swat Team response.
Swatters may think what they are doing is a prank, but it can have serious consequences. Swatting occupies law enforcement response teams, making them unable to respond to emergencies.
Felony Charges
It could be, depending on what is said to the 911 operator. A false 911 emergency call is a felony if the person making the prank phone call:
- knows that the report is false,
- knows or should know that the emergency response is likely to cause death or great bodily injury, AND
- great bodily injury or death results due to the false report.
The punishment for a felony under this law could be up to:
- three years county jail,
- a $10,000 fine.
If the false 911 call is a bomb threat, it can be charged as either a misdemeanor or a felony (see Penal Code 148.1). As a misdemeanor, pranking 911 about a bomb threat is punishable by up to one year in jail. As a felony it is punishable by up to three years in jail.
A prankster convicted of making a fake 911 call or bomb threat is liable for the reasonable costs of any emergency response.
False Report of a Crime
It is a crime to telephone police officers and falsely report a crime. This applies even if it’s not a 911 call. Under Penal Code 148.5 (c), any person who:
- reports that a felony or misdemeanor has been committed,
- knowing the report is false,
- is guilty of a misdemeanor.
Falsely reporting a crime is punishable by up to six months in jail.
This law does not apply to mandatory reporters. Mandatory reporters are persons required by law to report known or suspected instances of:
- child abuse,
- dependent adult abuse, OR
- elder abuse.
Penalties
Under Penal Code 148.3 it is a crime to make a false report of an emergency. Making a false report is a misdemeanor punishable by:
- one year in county jail,
- $1,000 fine.
Making a false telephone report of an emergency that results in great bodily injury or death to any person is a felony. The punishment could be up to:
- three years county jail,
- $10,000 fine.
A person convicted of making a fake 911 call is also liable for the reasonable costs of any emergency response.
Please note if a parent or guardian has a good faith belief that a child is missing it is not considered a false report.
Defenses
There are several defenses to a charge of making a fake or false 911 emergency call. These include:
- mistaken identity (it wasn’t me),
- good faith belief that the report was true,
- a mandated reporter made the call,
- protected free speech.
Note that it makes no difference whether the prank call was made by dialing over a landline, a cell phone, or a payphone. It is irrelevant whether the caller decides to hang up right after the false report or decides to stay on the line. It does not matter what phone number the person is calling from, or whether 911 has caller ID or knows the caller’s location information. Nor does it matter if the caller meant it as a practical joke or believed it was a non-emergency call.
